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(영문) 울산지방법원 2013.03.29 2012고합507
강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 05:40 on October 3, 2012 at the time of Ulsan-gu Cudio Victim D (Inn, 47 years of age), and the Defendant refused drinking, but the Defendant refused drinking, followed the victim’s body by pushing the victim into the body of the victim who was pushed the victim into the body of the victim who was pushed the victim into the body of the body of the victim who was pushed down to the scam and pushed down with the scam, and tried to get off the scam, scam, and scam from the victim in order to put the victim into a part of the victim’s scam and sexual intercourse, but it did not go against the wind of the victim, such as reporting the victim to the police and passing the victim’s sound.

2. The above facts charged are crimes falling under Articles 300 and 297 of the Criminal Act, which can be prosecuted only upon a victim's complaint under Article 306 of the same Act. According to the statement on the withdrawal of the victim's complaint submitted to this court, the victim can recognize the fact of revoking the defendant's complaint on March 12, 2013, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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